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ARTICLE · 23 APRIL 2020

Order Of Cross Examination

Luthra and Luthra Law Offices India
Luthra and Luthra Law Offices India
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Luthra and Luthra Law Offices India

Luthra and Luthra Law Offices India

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Evidence is the impression of facts and the object of cross-examination is to reform the impressions to minimize them, to explain them and throw doubt on them.

IndiaLitigation, Mediation & Arbitration

Evidence is the impression of facts and the object of cross-examination is to reform the impressions to minimize them, to explain them and throw doubt on them. The object of cross-examination is not to produce startling effect, but to elicit facts which will support the theory intended to be out forward.

While examination in chief brings forth in brief one side of a case, probably, biased, interested and even false, cross-examination brings forth the undisclosed facts.

Section 138 of the Indian Evidence Act, 1872 (hereinafter referred to as "Evidence Act"), deals with the Order of examinations, i.e. the witness shall be first examined-in-chief, then cross-examined and if required later to be re-examined by the party calling witness. Section 137 of the Evidence Act defines 'Examination-in-Chief' as examination of a witness by the party who calls him for giving evidence. The examination of that witness by the adverse party is called 'cross-examination'. The

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